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HomeMy Public PortalAbout2004_02_23Council Work Session February 23, 2004 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Councilmembers Present: Frank Buttery, MervJn Jackson, Melinda Kramer, Marry Martinez, David Schmidt, Robert Zoldos and Mayor Umstattd. Councilmembers Absent: None Staff Members Present: Town Manager Bob Noe, Town Attorney William Donnelly, Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich, Interim Finance Director George Shelley, Chief of Police Joe Price, Director of Engineering and Public Works Tom Mason, Director of Parks and Recreation Kaj Dentler, Director of Economic Development Betsy Fields, Human Resources Director Dona Wolf, Deputy Utilities Director Aref Etemadi, Chief of Comprehensive Planning David Fuller, Management/Budget Officer Mike Freda, Senior Planner Chris Murphy, Senior Planner Nancy Kitchens, Management Intern Alexandra Shabelski, and Assistant to the Clerk of Council Debi Parry. AGENDA [TENS Agenda for Council Meeting of February 24, 2004. a. Approving SE-2003-06, Costco Tire Center, [300 Edwards Ferry Road, NE to permit a four-bay automobile tire installation service center - Public Hearing Chris Murphy outlined this proposal to move the on-site tire center from the front of the property to the front interior of the Costco building. He outlined the need for buffering between the Costco parking lot and the Edwards Landing community adjacent to the property. Further, he stated Costco has agreed to install a vinyl fence, plant evergreens, and install a masonry wall around the loading dock and trash compactor areas. He stated staff has not had the opportunity to review the proposal they received on Thursday for the creation of an earthen berm at the site. He added the Planning Commission has recommended approval of this application. Councilmember Schmidt asked if staff had spoken to the residents regarding their reaction to the berm? Mr. Murphy stated he has not had the opportunity to speak with the residents, but will include their statements regarding the berm in his report for the next Council meeting. Councilmember Zoldos verified Costco would keep the fence in the plans even if they receive approval to construct the berm. Vice-Mayor Jackson asked if the residents are satisfied with the buffering and other improvements proposed by the applicant? Mr. Murphy stated the majority of the residents agree this is a good compromise. Town Council Work Session Minutes for February 23, 2004 Page 2 Councilmember Buttery verified the recommendations for mitigation of noise have addressed the residents' concerns. Mayor Umstattd stated the vinyl fence may not be attractive and asked if it would be possible to cover it with ivy? Mr. Murphy stated he would investigate that possibility and what plantings will be used on the berm to visually enhance the site. Dennis Nolan, 207 Tennessee Drive, stated the proposed improvements will make the situation better for the residents; however, not all of the residents are completely satisfied. He stated the majority of the residents are in favor of the berm as it will decrease the visual impact as well as the noise generated by Costco. Councilmember Kramer asked how old the houses are? Mr. Nolan stated his home is a year old. Mike Banzhaf, attorney for the applicant, stated the berm is a site plan issue and should not affect Council's decision regarding the special exception. Further, he stated Costco has gone out of their way to work with the citizens to minimize any impacts the project may have on the adjacent homeowners. b. SE-2002-07 - Star Pontiac, Buick and GMC, 326 E. Market Street - Public Hearing Nancy Kitchens stated this property is zoned B-2, with an H-2 overlay. The proposed expansion of the facility by 17,800 square feet will include additional sales, 13 additional service bays and office space resulting in a total of 33,425 square feet. Further, she stated the Planning Commission has recommended approval with conditions; however, staff is recommending denial of this application due to non-compliance with the Zoning Ordinance. Ms. Kitchens outlined the staff concerns as follows: (1) inadequate buffering between business and adjoining residential uses; (2) large massing and building appearance; (3) location of the expansion areas in proximity to the homes on Edwards Ferry Road; (4) relocation of electrical and storm sewer easements in buffers; and (5) relocation of the site entrance. Councilmember Schmidt stated he would like information on the building elevations tomorrow night. He stated the building should have a traditional design due to its proximity to Dodona Manor and the downtown. Further, he asked for information regarding aligning the entrances on IVlarket Street and how the conditions of approval changed on the night of the Planning Commission vote? Tom Mason stated it is Engineering Department policy to align entrances in order to facilitate ingress and egress from the sites along Market Street. He stated the applicant is opposed to this; however, staff believes it is the best long-term solution. Town Council Work Session Minutes for February 23, 2004 Page 3 Councilmember Zoldos asked why it is better to have the entrances align? Mr. Mason stated if the entrances were aligned, cars wouldn't cross paths when turning onto Market Street out of the sites. Further, he stated if the entrances were not aligned the current traffic flow would not worsen. Councilmember Zoldos stated if the traffic flow would not worsen, then the town should not require the applicant to move his entrance to align with the business across the street. Councilmember Kramer stated she has received phone calls from various Planning Commission members stating if they had properly understood the applicant's reluctance to make some of the improvements they would not have endorsed this application. Mayor Umstattd stated Council has to rely on the commission's vote. Councilmember Zoldos cited staff's recommendation that the applicant reduce the number of proposed service bays. He asked staff to take into consideration the amount of money that will be generated by the additional bays. Ms. Kitchens stated staff is not opposed to the applicant's desire to see their business grow; however, staff is opposed to the site location of their expansion. She stated staff is responsible for Zoning Ordinance and the Town Plan compliance while Council can base their decision on a multitude of things. Bob Sevila, attorney for the applicant, stated a letter of clarification was sent to the Planning Commission on the night of their vote stating the improvements shown on the plat were shown at the recommendation of staff and were not entirely agreed to by the applicant. He apologized for any confusion this may have caused. Further, he stated he has worked with the owners of the adjacent properties and has received written agreements from all of them. Vice Mayor Jackson verified staff has been trying to align the entrances on Market Street for the past 20 years. Councilmember Kramer stated Council should consider the future traffic needs of the town, not the current situation. c. Final list of Community Development Block Grant Projects - Public Hearing David Fuller outlined the final list to be submitted to the county. He stated the Ft. Evans Road sidewalk improvements have been added to the list as requested by Council. Further, he stated the Loudoun Community Free Clinic was not added to the list because of the tremendous amount of staff time that would be involved in managing and distributing the funds and it would be unfair to single out just one agency. Mr. Fuller asked Council to vote on this after tomorrow night's public hearing because of the tight schedule HUD has imposed on the county. Town Council Work Session Minutes for February 23, 2004 Page 4 Councilmember Schmidt asked why the staff is not requesting full funding for the Ft. Evans Road project including the drainage improvements? Hr. Fuller stated resulting increase in the project's benefit there was concern about the cost of the project and the the level of proof staff would need to provide regarding to Iow-income citizens. Councilmember Martinez stated he would prefer to request funding for the entire amount of the Ft. Evans Road improvements and would like to see it scheduled for first year funding. Councilmember Zoldos stated his disappointment that the town is not asking for funding on behalf of the Free Clinic and the park and ride lot. Mayor Umstattd verified staff feels the park and ride lot should be a county project and the location is proposed for the intersection of Battlefield Parkway and the Greenway. Councilmember Zoldos asked Mr. Fuller to provide a report tomorrow night on the staff time involved in managing the money for the Free Clinic. Mr. Noe stated to require the town staff to provide that assistance to an outside group is not feasible. Vice Mayor Jackson asked that staff look into funding for the Free Clinic as well as elderly housing and a kitchen for ]:nterfaith Relief. Mayor Umstattd stated there was some concern regarding the town's involvement in the administration of funds for the Free Clinic as that is a function for which there is existing county staff to handle. Further, she stated there is concern Lhat the town would have to hire another person to administer the Free Clinic monies. Mr. Noe stated the Loudoun Community Free Clinic falls under human services provided by the county. He stated the county has experienced staff to handle the administrative needs of this organization. Councilmember Kramer suggested drafting a letter of support for the Loudoun Community Free Clinic to be forwarded to the Board of Supervisors. Vice Mayor Jackson stated he had spoken with the site manager for the K- Mart property who said Hr. John Clark, Loudoun County Transportation Director, had asked for 600 parking spaces at that location. He asked Mr. Fuller to investigate why the county would need 600 spaces there in addition to their request for 300 parking spaces proposed for the Westpark site. d. FY-2004 Hid-year Budget- Public Hearing Hike Freda outlined the FY2005 budget estimates stating staff is projecting $877,000 will be available to fund new initiatives. He stated the change in health care insurance, renegotiation of the trash contract and a rebound in revenues have all had a positive impact on the budget. Further, he stated an increase of $310,000 to the Virginia Retirement System has also impacted the budget for the coming year. Town Council Work Session Minutes for February 23, 2004 Page Mr. Freda stated the town has done well in lowering the debt by not funding projects with bonds. He stated every $1,000,000 in bond financing causes an impact of $80,000 on the General Fund for 20 years. Councilmember Martinez asked how much revenue has been produced from the cigarette tax? IVlr. Freda stated the amount is expected to be approximately $1,000,000. Mr. Noe stated one of the most pressing issues facing the town is the operating budget, which is something that the town has to invest in to be successful in the long run. He recommended only the South King Street Bridge Project be funded during the mid-year budget. Further, he stated all of the other items he has recommended for funding have funding sources other than the General Fund. Vice Mayor Jackson verified the Virginia Department of Transportation would not contribute funds to the South King Street Bridge project. Mr. Freda outlined the other mid-year budget requests stating most will be funded by outside sources. Further, he stated Chief Price has asked to remove the request for fingerprinting equipment because the Loudoun County Sheriff's Department has agreed to take on this responsibility. Councilmember $chmidt asked Mr. Freda to review money coming from the Utility Fund from a borrowing stand point contrasted to needing tax dollars for the Loudoun Street addition to Town Hall. Mr. Freda stated the Utility Fund would finance the building; however, the payback from the General Fund would be reduced to reflect the lease rate for the utilities office and the first floor retail. He stated when the final total is reached he will report back to Council; however, staff believes this could be accomplished by an additional penny or less on the tax rate. Further, he stated the tax rate would not necessarily need to be increased if the funds could come from other sources, such as new revenues. Councilmember Martinez asked that funding be provided for the Union Cemetery and Dry Mill drainage projects. Further, he asked that Loudoun County be given recognition for providing the funds for improvements at the intersection of Evergreen Mill Road and Tolbert Lane. Councilmember Martinez thanked Mayor Umstattd and Tom Mason for their recognition of the Street Department's efforts during the recent snow and ice storms. Councilmember Zoldos stated he would support funding for the Union Cemetery and Dry Hill drainage projects. He stated the amount for funding these projects would be $65,000. Councilmember Buttery verified the projected revenue includes the new assessments for homes in the town. Further, he asked that a report delineating the taxes and the projected revenues be provided to Council. Town Council Work Session Minutes for February 23, 2004 Page 6 Vice Mayor ~lackson asked staff to provide a report on what the non- departmental organizations asked for last year and how much the Council provided to them. Councilmember Zoldos verified the FY 2005 budget process would begin in March with the briefings beginning in April. Mayor Umstattd thanked Mr. Freda and Mr. Noe for their efforts in insisting that Council limit the town debt stating it has obviously paid off. She reported that she has spoken with the cemetery and they may qualify as a charity because they maintain the graves of several unidentified Civil War soldiers. She concurred with Councilmember Zoldos' request for funding the Union Cemetery and Dry Mill Road drainage projects. Further, she asked Mr. Freda to supply Council with a copy of his presentation. Ft. Beauregard Commercial presentation This item was deferred at the request of the applicant. Sandy Kane, stated the applicant has only been working with the residents of Breckenridge. Mayor Umstattd stated she has spoken with the applicant about the need to communicate with all of the residents in that area. 3. Route 7 and Crosstrails Boulevard Znterchange/Leesburg Employment Center Councilmember Zoldos stated he has had discussions with KS[ regarding a potential employment center on the former Petersen property. He introduced Mr. Mike Banzhaf. Mike Banzhaf stated the property consists of 158.5 acres and is zoned I-1. He stated the property is very prominent as you enter the town; however, it has two power and gas lines running across it. The property is located at the intersection of Route 623 and the entrance to Luck Stone quarry and the site of the proposed Crosstrails Boulevard and cloverleaf interchange. He stated the Town Plan calls for mixed use at this site. Further, he stated this project is not meant to compete with the downtown, but enhance this important gateway into the town. Terry Shuck, architect for the applicant outlined a similar town center development he designed outside of Charlotte, North Carolina. He stated this type of center with a mix of age restricted housing, office and retail provide a unique shopping destination and allow people to truly experience the small town feel. Councilmember Zoldos stated this type of use has been proposed before and he feels very excited about this project. Mayor Umstattd asked if the current town ordinances would stand in the way of this type of development? Mr. Banzhaf stated the property should be rezoned to Planned Employment Center and Council can then modify any provisions by special exception. He stated the streets would be private and the use would be changed from B-:L to B-2. He stated he has not spoken to staff; however, he believes this could be achieved if staff Town Council Work Session Minutes for February 23, 2004 Page ? is willing to cooperate. Further, he stated this employment center would make a beautiful gateway into the town. Mr. Banzhaf stated he would set up a meeting with Susan Swift to present a site layout. Councilmember IVlartinez stated on the surface this looks very attractive. He asked the timeline for this project if there were no major issues or objections? Mr. Banzhaf stated a Town Plan amendment and rezoning would need to be filed in addition to a traffic analysis. He stated the interchange would have to be modified from a cloverleaf to a diamond. Additionally, the town would need to extend River Creek Parkway and all of the other roads crossing the property including Crosstrails Boulevard. Councilmember Martinez asked what the construction timeline would be? Mr. Eddie Burns stated the timeline would be approximately 24 months. Councilmember Martinez asked if there are retailers ready to come in? Mr. Burns stated there are many major retailers who would like to come to Leesburg but have no place to go. Councilmember Schmidt stated the project looks good and verified it is not zoned for residential use currently. He stated there is already significant residential proposed to be added in the southwest quadrant. Further, he stated adding residential would raise red flags and issues that need to be addressed. Mr. Banzhaf stated the residential would be multi-family use or age restricted housing. He stated this would not be a school age children type of neighborhood. Councilmember Kramer stated the housing options in the town seem to be limited to estate homes and this would be a good opportunity to introduce other housing options. Mayor Umstattd stated she would like to hear input from the residents of Kincaid Forest. Further, she stated residential uses have not been proposed for this area before. Mr. Shuck stated as people get older and their children leave home they are often looking for smaller housing, possibly within walking distance of where they work. 4. Use of Council Chamber by Loudoun County Electoral Board on Election Night Dianna Price stated the Electoral Board would like to withdraw their request to use the Town Council Chamber. 5. Proposed Tourist Center in the Loudoun Street Addition Betsy Fields stated her recommendation that Council authorize staff to pursue an agreement with the Loudoun Convention and Visitor's Center to move into the Loudoun Street Addition of Town Hall. She stated as plans evolved for the space in Town Council Work Session Minutes for February 23, 2004 Page the expansion, staff realized it would be advantageous to the town to have the visitor center back downtown. Councilmember Schmidt verified the town would not be expected to provide staff or pay for staff to relocate to this location. Councilmember Martinez stated the market value of the space is $:~9,000, but by using this space the town will save $30,000 by not providing the visitor's center in the lobby of the current building. He asked what the value of the four parking spaces, required by LCVA would be? Ns. Fields stated the approximate value would be $220 per year per space. Councilmember Zoldos stated the town should not enter into any agreements until Council gives final approval for the expansion. He stated he would not be in favor of free rent, even in lieu of the $30,000 the town is currently spending. Further, he stated he would like to see the visitor center return to the downtown a rea. Ms. Fields stated this issue is coming to Council now because staff needs to finalize the plans for the space with the architect. Councilmember Kramer stated she supports the direction in which staff is going. Mayor Umstattd asked if the town enters into a contract with LCVA, would it bind the town to provide space whether or not the addition is built? IVls. Fields stated any agreement reached would be a letter of intent and would not bind the town unless the expansion is built. Mayor Umstattd asked if the LCVA is interested in relocating downtown if the space in the expansion is available for free rent? Cheryl Kilday, President, Loudoun Convention and Visitor Center, stated they are very interested in exploring the possibility; however, they are not ready to make a commitment at this moment. Further, she stated LCVA would not look for any binding contract from the town. Councilmember Zoldos stated his belief that the rate of growth in the budget and staff are not directly correlated with the rate of population growth. The town is currently providing a good level of service to the community, and should be able to handle the population growth with the current staff level for many years to come. Further, he stated the town is approaching residential build out and will not need the planners and engineers we currently have. William Donnelly stated there could be a non-binding letter of intent; however, the architects are almost finished with the design portion of the contract and will need to know whether to include configured space for the tourist center in their programming. Bob Noe stated with Leesburg as the county seat and given the rapid growth in the county, growth will not bypass Leesburg. He stated in the FY 2004 budget Town Council Work Session Minutes for February 23, 2004 Page 9 staff tried to explain to Council what their current needs were and Council chose not to fund those requests and not raise the tax rate. Further, he stated one way or another the government will get more space whether it is rented or purchased. Mayor Umstattd stated there are currently applications in progress to rezone land to high density residential. Further, she thanked staff for working with the architect to try to reduce the price. Councilmember Martinez stated this town's growth will not stop. He stated staff needs room and if this expansion is not built the town will have to take commercial property off of the market for staff needs. Further, he stated 20 years from now Council will be spending more money for leasing space and will also lose the revenue that could have been generated from that space. Vice Mayor .lackson stated every $400,000 dollars of debt incurred by the town equals another penny on the tax rate. He stated he is not ready to vote for this addition until the citizens agree the expansion is needed. 6. .loint planning effort with County David Fuller outlined staff's recommendation that Council authorize planning staff to begin discussions with the Loudoun County's Planning Department in order to develop policies for guiding development adjacent to the town. was the consensus of Council to encourage this working relationship. Councilmember Zoldos asked Mr, Fuller to provide information on the county's efforts to locate a park and ride lot at tomorrow's meeting, 7. Fee Waiver Request - Heritage High School Project Graduation Celebration Kaj Dentler stated this request is identical to the fee waiver request approved for Loudoun County High School's graduation celebration. was the consensus of Council to support this request. 8. 2004 Pony National Girls Softball Tournament Kaj Dentler stated the County of Loudoun and the Loudoun Girls Softball Association have requested use of Freedom Park as part of a cluster of fields, including Evergreen Mill Elementary, Simpson Middle School and Heritage High School for the 2004 Pony National Tournament in July. He outlined areas of concern including the estimated $20,000 cost to the town, economic benefits and traffic impacts. He stated the main concern of the Parks and Recreation Department is the number of games to be played at this site. Mr. Dentler stated the Parks & Recreation Commission endorsed the plan by a 3-2-:L vote; however, they did not support charging fees. Further, he stated the town could operate the concessions in order to recoup some of the expenditures; however, he would recommend that the opportunity be given to one of the youth athletic organizations. Councilmember Schmidt asked if the $20,000 would be entirely out of pocket costs or would some of it be reallocation of staff time? Town Council Work Session Minutes for February 23, 2004 Page Mr. Dentler stated these are all out of pocket costs. He stated $:[2,000 is for materials and supplies to accommodate the function as well as staff overtime, $5,000 is for police staffing and $3,000 for miscellaneous expenditures. Councilmember Schmidt asked staff to try to negotiate for fewer games per field. Further, he congratulated Mr. Dentler on his management of the ida Lee Recreation Center. Councilmember IVlartinez suggested running a bus from Freedom Park to the downtown to encourage the players and their families to spend their down time in the town. Further, he stated he believes the impact on the fields will be minimal. Councilmember Zoldos stated if the town hosts this event once, it will be expected to host it each year. Further, he stated if the number of games can be decreased he would support this request. Mr. Dentler stated the issue is much bigger than the concern of the fields. He stated the economic and marketing benefits should be considered as well. Councilmember Buttery asked if the expenditures would require an appropriation from the General Fund to replenish the Police and Parks & Recreation budgets? Mr. Dentler stated since this tournament would take place in the new fiscal year the funds can be requested into the FY 2005 budget. Councilmember Buttery verified this tournament would not affect any of the local leagues. Further, he asked if the Transit Occupancy Tax could fund this event? Betsy Fields stated she believes the tournament does receive grant money from the county's Transit Occupancy Tax; however, she would have to investigate this and report back to Council. Councilmember Buttery asked if the tournament would interfere with the installation of the traffic signal at the intersection of Evergreen Mill Road and Tolbert Lane? Tom Mason stated the contractor could suspend work on the traffic signal installation during the week of the tournament. Councilmember Kramer stated she is concerned about the impact on the fields and asked Mr. Dentler to contact other local jurisdictions that have hosted this event to discuss their experiences. Mayor Umstattd asked Chief Price to report on the public safety issues and Betsy Fields to report on the potential economic impact. She stated the staff memo indicates the economic benefit to Leesburg may not be as great as Council would have hoped. IVls. Fields stated the county hosted the tournament last year, which consisted of 15 teams. She stated 32 percent of those people stayed in Leesburg hotels. She stated if you estimate approximately 50 people per team that would provide a $:L2,500 economic impact on the town. Further, stated the town is already enjoying Town Council Work Session Minutes for February 23, 2004 Page the benefits of this program without hosting the games and urged Council not to let the potential economic impact affect their decision on this issue. Chief Price stated this event would have a negative impact on traffic in the area. He stated the proposed location is along a major commuter route and although school will be out for the summer, Heritage High School will be the summer school location for the county. He stated he would need to have dedicated officers and Community Support Team members at these locations for pedestrian safety. Further, he stated there are parking concerns. Councilmember Zoldos asked if the Pony League could distribute the new Leesburg tourism brochures? Ms. Fields stated the Loudoun Convention and Visitor's Center will produce packets for the tournament. Councilmember Buttery verified the tournament will be returning to Loudoun County this year regardless of whether or not we allow them to use Freedom Park. 9. Water Pollution Control Facility upgrade and expansion, Project 7.5 services during construction Aref Etemadi stated staff recommends awarding this contract to CH2M Hill in the amount of $2,843,000.00. He stated the expansion project would take approximately three years and the engineering firm will be on site. ~[t was the consensus of Council to support this contract. :/0. General Contract prequalification process Aref Etemadi stated as part of the Water Pollution Control Facility expansion staff is recommending a process for qualifying contractors prior to advertising the job. He stated the Virginia Public Procurement Act allows localities to adopt such prequalification processes 30 days prior to bidding the job. Councilmember Schmidt asked Mr. Donnelly if he has reviewed this and whether or not he has any legal concerns? Mr. Donnelly stated he has reviewed the questionnaire and it looks fine. Further, he stated this would be used only when appropriate. I:L. Preview items for I~larch 8, 2004 work session None New Business Councilmember Zoldos stated Ken Reid is asking Council to send a memo to the Virginia Department of Rail and Public Transportation opposing the elimination of Loudoun's express bus service from Purcellville to Rosslyn and Washington, DC. He stated essentially Loudoun bus commuters would be required to transfer to another bus in Tyson's in lieu of a direct, non-stop route. Further, he stated he would have a resolution for Council's approval tomorrow night. Mayor Umstattd asked if this would be in opposition to anything the county has proposed? Town Council Work Session Minutes for February 23, 2004 Page Councilmember Zoldos asked staff for verification of this. was the consensus of Council to support this request. Councilmember Zoldos stated Larry Moison would address Council tomorrow night regarding the Patriot Project's efforts to build a memorial to Loudoun's Revolutionary War soldiers on the courthouse lawn. He stated there would be a resolution for Council's approval tomorrow night. Mr. Noe stated tomorrow's meeting will be broadcast on Channel 24. The meeting was adjourned at 11:02 p.m. 2004_tcwsmin0223.doc /erk of Council